Tuesday, January 24, 2017

US v. Joey, No. 15-10096
(1-19-17)(Ikuta w/Thomas & Bea).Editorial note: This is an Az FPD case).This concerns whether there was a procedural error in sentencing.The error alleged was double counting: that a
court should not calculate a Guidelines sentence under 2244(a)(5) (abusive
sexual contact) using the Guideline for a 2260 conviction (sex offense against
a minor while having to register). To do so, argues the defendant, would punish
the same conduct as the 2260 conviction. The 9th holds there is no procedural
error. A court is not precluded from using the 4B1.5 Guideline to calculate the
offense for 2260.